City Council Agenda
04252022
City Council
Meeting Agenda
April 25, 2022 – 6:00 PM
City Council Chambers - Yucaipa City Hall
34272 Yucaipa Blvd., Yucaipa, California
THE CITY OF YUCAIPA COMPLIES WITH THE AMERICANS WITH DISABILITIES ACT OF 1990. IF YOU NEED SPECIAL ASSISTANCE TO PARTICIPATE IN THIS MEETING (PURSUANT TO 28 CFR 35.102.35.104 ADA TITLE II), PLEASE CALL THE CITY CLERK’S DEPARTMENT AT (909) 797-2489 AT LEAST 48-HOURS PRIOR TO THE MEETING.
PURSUANT TO GOVERNMENT CODE SECTION 54957.5, ANY DISCLOSABLE
PUBLIC RECORDS RELATED TO AN OPEN SESSION ITEM ON A REGULAR
MEETING AGENDA AND DISTRIBUTED BY THE CITY OF YUCAIPA TO ALL OR A MAJORITY OF THE CITY COUNCIL, LESS THAN 72 HOURS PRIOR TO THAT
MEETING, ARE AVAILABLE FOR PUBLIC INSPECTION AT YUCAIPA CITY HALL, 34272 YUCAIPA BOULEVARD, YUCAIPA, CA 92399, DURING NORMAL BUSINESS HOURS.
IF YOU WISH TO ADDRESS THE COUNCIL DURING THE MEETING, PLEASE COMPLETE A SPEAKER’S FORM AND RETURN IT TO THE CITY CLERK PRIOR TO THE BEGINNING OF THE MEETING. THERE IS A THREE-MINUTE TIME LIMIT FOR SPEAKING.
PUBLIC COMMENT VIA MAIL OR EMAIL must be submitted no later than three (3) business hours prior to the meeting at which the commenter seeks to provide comment. Public comment may be submitted via U.S. Mail to the City Clerk at 34272 Yucaipa Blvd., Yucaipa, CA 92399 or via email to [email protected]. All mail and email correspondence will be archived, distributed to City Council, and retained as part of the public record; however, submissions will not be read out loud during the meeting.
The subject line should specify “Public Comment” and include the date of the meeting.
WRITTEN PUBLIC COMMENT SUBMITTED ON NON-AGENDA ITEMS AND ON SPECIFIC AGENDA ITEMS will be made available to the public pursuant to the City of Yucaipa policy regarding the distribution of written public comments at City Council and Commission meetings, which may be accessed on the City’s website at https://yucaipa.org/agendas-minutes/ . Individuals should be aware that comments provided, including personal information, may be disclosable pursuant to the California Public Records Act.
LIVE AUDIO STREAM/RECORDING OF CITY COUNCIL MEETINGS. Members of the public may listen to city council meetings live at: https://yucaipa.org/live .
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City Council Agenda
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CALL TO ORDER
PLEDGE OF ALLEGIANCE
ROLL CALL
EMPLOYEE INTRODUCTION
PUBLIC COMMENT
CONSENT AGENDA
The following Consent Agenda items are expected to be routine and non-controversial.
Council will act upon them, at one time, without discussion. Any Councilmember or staff member may request removal of an item from the Consent Agenda for discussion.
The title is deemed to be read and further reading waived on any ordinance listed on the Consent Agenda for second reading and adoption.
1. SUBJECT: APPROVE COUNCIL MINUTES OF APRIL 11, 2022
RECOMMENDATION: That City Council approve City Council Minutes of April 11, 2022.
2. SUBJECT: MULTIFUNCTION PRINTERS – PURCHASE AND MAINTENANCE
AGREEMENT
RECOMMENDATION: That City Council:
1. Approve and authorize the purchase of seven multifunction printers from Advanced Imaging Strategies, Inc. in the amount of $44,992.09, from savings identified in the Administrative Services Department Budget, and authorize the City Manager to execute the Sales Order Agreement on behalf of the City; and
2. Approve and authorize the City Manager to execute the five-year Maintenance Agreement with Advanced Imaging Strategies, Inc. for multi-functional printing and maintenance services.
3. SUBJECT: AWARD OF CONTRACT - PURCHASE OF 2022 CHEVROLET 1500
SILVERADO TRUCK
RECOMMENDATION: That City Council award and authorize the City Manager to execute a purchase contract with Rotolo Chevrolet to acquire one (1) 2022 Chevrolet 1500 Silverado LTD 4WD truck for use by the Public Works Division in the not to exceed amount of $46,492.80.
4. SUBJECT: EXTENDING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE COVID-19 PANDEMIC IMPACT ON THE EMERGENCY MEDICAL SERVICES SYSTEM
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RECOMMENDATION: That City Council review the need to continue the local emergency, thereby recognizing the continued existence of perilous conditions as a result of the COVID-19 Pandemic impact on the Emergency Medical Services system.
5. SUBJECT: FISCAL YEAR 2021/2022 COMMUNITY ACTIVITY GRANT
ACCOUNTABILITY REPORTS
RECOMMENDATION: That City Council receive the Community Activity Grant Accountability Reports and deem the program requirements complete for Childhood Cancer Foundation of Southern California, Inc. – Spring EGGstravaganza, Rotary Club of Yucaipa – Yucaipa Christmas Parade, Yucaipa Valley Art Association – Monthly Meetings, Yucaipa Valley Art Association – Spring Art Show, Yucaipa Valley Gem and Mineral Society – Youth Lapidary Program, and the Yucaipa Woman’s Club – Ongoing Maintenance of Club Building.
6. SUBJECT: RENEWAL OF THE MEMORANDUM OF UNDERSTANDING (MOU)
WITH UNIVERSITY ENTERPRISES CORPORATION (UEC) AT CALIFORNIA STATE
UNIVERSITY, SAN BERNARDINO (CSUSB) FOR ITSELF AND ON BEHALF OF THE
INLAND EMPIRE SMALL BUSINESS DEVELOPMENT CENTER (IEBSDC) FOR
SMALL BUSINESS SUPPORT, RESOURCES, AND CONSULTING SERVICES RECOMMENDATION: That City Council:
1. Approve and authorize the City Manager to renew a Memorandum of Understanding (MOU) University Enterprises Corporation (UEC) at California State University, San Bernardino (CSUSB) for itself and on behalf of the Inland Empire Small Business Development Center (IEBSDC) for Small Business Support, Resources, and Consulting Services; and
2. Direct staff to include the amount of $17,000 in the draft FY 2022/2023 General Fund, Economic Development, Professional Services budget for this program.
MAYOR AND COUNCILMEMBER BUSINESS (REPORTS)
7. SUBJECT: ASSEMBLY BILL 2223 (WICKS) – REPRODUCTIVE HEALTH RECOMMENDATION: That City Council review and approve a letter of opposition for Assembly Bill 2223 (Wicks) which seeks to change the way a coroner certificates a fetal death.
8. SUBJECT: SENATE BILL 1072 (DAHLE) – VIOLENT FELONIES: HUMAN
TRAFFICKING
RECOMMENDATION: That City Council review and approve a letter of support for Senate Bill 1072 (Dahle) regarding the designation of human sex trafficking as a “violent felony” subjecting the offense to enhanced penalties.
POSSIBLE ACTION ON PENDING LEGISLATION
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DEPARTMENT REPORTS
9. SUBJECT: CONCEPTUAL PLAN REVISIONS FOR THE YUCAIPA PICKLEBALL FACILITY, YUCAIPA PICKLEBALL COURT DESIGN PROJECT – PROJECT NO. 11150
RECOMMENDATION: That City Council review and approve the conceptual plan revisions for the Yucaipa Pickleball Facility, Yucaipa Pickleball Court Design – Project No. 11150 and direct staff as appropriate.
10. SUBJECT: AUDIT REPORT FOR FISCAL YEAR ENDED JUNE 30, 2021 RECOMMENDATION: That City Council receive and file the audit reports for the year ended June 30, 2021.
11. SUBJECT: AMENDMENT TO YUCAIPA MUNICIPAL CODE SECTION 12.04.040 (HOURS OF OPERATION) CONTINUED FROM THE APRIL 11, 2022, CITY
COUNCIL MEETING
RECOMMENDATION: That the City Council approve first reading, by title only, as read by staff, of Ordinance No. 406, amending Section 12.04.040 of Chapter 12.04 of Title 12 of the Yucaipa Municipal Code regarding hours of operation, and find Ordinance No. 406 exempt from the California Environmental Quality Act pursuant to CEQA Guidelines Section 15378 and 15061(b)(3).
12. SUBJECT: FISCAL YEAR 2021-22 – 3RD QUARTER GENERAL FUND BUDGET REPORT
RECOMMENDATION: That City Council review the 3rd Quarter General Fund Budget Report for Fiscal Year (FY) 2021-22 and:
1. Amend the FY 2021-22 General Fund Adopted Budget by:
a. Increasing the estimated revenue for the Building Plan Review – Fire in the amount of $105,000; and
b. Increasing the estimated revenue for Code Enforcement in the amount of $100,000; and
c. Increasing the estimated revenue for the various Franchise Fees in the amount of $100,000; and
2. Amend the FY 2021/2022 Budget and Capital Improvement Program Budget by reallocating $739,000 in prior year’s General Fund Net Revenues (Unassigned Fund Balance) directly to the City’s Capital Projects Fund (Fund 35) rather than through the current fiscal year’s General Fund Operating Budget including:
a. Reallocating the amount of $39,000 related to the Five Winds/El Dorado Ranch Park Project (City Council approved on August 23, 2021); and b. Reallocating the amount of $100,000 related to the Flag Hill Veterans Memorial Park P. 177
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Improvement Project (City Council approved on November 8, 2021); and c. Reallocating the amount of $370,000 related to the Five Winds/El Dorado Ranch Park Project (City Council approved on November 8, 2021); and d. Reallocating the amount of $230,000 in Pass-thru Redevelopment Agency funds related to the Five Winds/El Dorado Ranch Park Project (City Council approved on November 8, 2021); and
3. Increase the portion of the City’s General Fund Balance committed for severe economic emergencies from 20% to 30% effective for the Fiscal Year 2021-22 annual operating budget and subsequent fiscal year budgets.
13. SUBJECT: CHANGE ORDER NO. 6 – WILSON III BASIN PHASE 1B IMPROVEMENTS – PROJECT NO. 10879
RECOMMENDATION: That City Council approve and authorize the City Manager to execute Change Order No. 6 to the contract with LB3 Enterprises Inc. of Lakeside, CA for the Wilson III Basin Phase IB Improvements – Project No. 10879 for additional work required to further complete the overall project in the amount of $270,000 for a revised total contract in the amount of $1,592,522.84.
14. SUBJECT: AGREEMENT WITH INNOVATIVE FEDERAL STRATEGIES, LLC.
RECOMMENDATION: That City Council:
1. Review and authorize the City Manager to execute an agreement with Innovative Federal Strategies, LLC for federal lobbying services in the draft FY 2022/2023 General Fund Budget not to exceed the amount of $66,500 for the period between May 1, 2022, through June 31, 2023; and
2. Direct staff to include the funding for this recommendation in the draft FY 2022/2023 General Fund Budget.
15. SUBJECT: DEVELOPMENT SERVICES UPDATE
RECOMMENDATION: That City Council receive and file the April 2022 Development Services Department Update.
STUDY SESSION
16. SUBJECT: COMMUNITY SERVICES USER FEES
RECOMMENDATION: That City Council conduct a Study Session and:
1. Review the proposed User Fee update for the Community Services Department to be implemented May 1, 2022; and
2. Direct staff as appropriate.
ANNOUNCEMENTS
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CLOSED SESSION
Conference with Legal Counsel - Existing Litigation [Gov't Code § 54956.9(d)(1)] 1 item:
1) San Bernardino County Superior Court Case No. CIVDS 2009818 –City of Yucaipa v. Neville R. Brock, Catherine A. Brock, Jeffrey N. Brock
Conference with Real Property Negotiator [Govt. Code §54956.8] Property: A portion of APN Nos. 0303-253-41 and 0319-233-77 - City Negotiator: Ray Casey, City Manager – Negotiating Parties: City of Yucaipa - Under Negotiation: Disposition of Properties
Conference with Labor Negotiators [Govt. Code § 54957.6] Agency designated representative: Ray Casey, City Manager Employee organizations:
- Unrepresented Management, Supervisory and Confidential Employees - Yucaipa City Employees Association
ADJOURNMENT
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1 ORDINANCE NO. 406
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF YUCAIPA, CALIFORNIA AMENDING SECTION 12.04.040 OF CHAPTER 12.04 OF TITLE 12 OF THE YUCAIPA MUNICIPAL CODE REGARDING HOURS
OF OPERATION FOR CITY PARKS
WHEREAS, the City of Yucaipa is responsible for the administration, permitting, and approval of use of City parks, and the enforcement of park guidelines and standards pursuant to Municipal Code Chapter 12.04; and
WHEREAS, the City recognizes the benefit to the community of requiring that City parks be open during daylight hours unless a permit is obtained.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF YUCAIPA DOES ORDAIN AS FOLLOWS:
Section 1. Section 12.04.040 of Chapter 12.04 of Title 12 of the Yucaipa Municipal Code is hereby amended to read as follows:
“12.04.040. Hours of operation. No person shall be in any City Park facility except between sunrise and sunset each day other than for use of lighted courts until 10:00 p.m. or unless a Facility Use Permit or Special Event Permit is obtained. Nothing in this section shall be construed to limit the City’s authority to close a City park and limit access during daytime hours as it deems appropriate, including but not limited to when closure is necessary for maintenance.” Section 2. No other Amendments.
Except as otherwise expressly amended, the provisions of Chapter 12.04 of the Yucaipa Municipal Code shall remain in full force and effect without amendment.
Section 3. CEQA.
This Ordinance has been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”), the State CEQA Guidelines (California Code of Regulations, Title 14, Sections 15000 et seq., hereafter the “Guidelines”), and the City’s environmental guidelines. The City has determined that this Ordinance is not a “project” for purposes of CEQA, as that term is defined by Guidelines Section 15378. Specifically, this Ordinance constitutes organizational or administrative activities of City government that will not result in direct or indirect physical changes in the environment. (Guidelines Section 15378(b)(5)).
Therefore, because it is not a “project,” this Ordinance is not subject to CEQA’s requirements.
Further, even if this Ordinance were deemed a “project” and therefore subject to CEQA, the Ordinance would be covered by the general rule that CEQA applies only to projects that have the potential to cause a significant effect on the environment. (Guidelines Section 15061(b)(3)). As an organizational or administrative activity which do not involve any commitment to any specific project which may result in a potentially significant physical impact on the environment, this Ordinance does not have the potential to cause a significant effect on the environment and is therefore exempt under this general rule. Further, it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, and thus -182-
2 this Ordinance is not subject to CEQA. (Guidelines Section 15061(b)(3)).
Section 4. Severability.
If any section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance, or any part thereof, is for any reason held to be unconstitutional, invalid, or ineffective by any court of competent jurisdiction, such decision shall not affect the validity or effectiveness of the remaining portions of this Ordinance or any part thereof, or the validity or effectiveness of any section, subsection, subdivision, paragraph, sentence, clause, or phrase of Chapter 12.04 of Title 12 of the Yucaipa Municipal Code as it existed prior to the adoption of this Ordinance. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase of this Ordinance irrespective of the fact that one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be declared unconstitutional, invalid, or ineffective. To this end, the provisions of this Ordinance are declared to be severable from any other provision of this Ordinance, and to be severable from any other provision of Chapter 12.04 of Title 12 of the Yucaipa Municipal Code as it existed prior to the adoption of this Ordinance.
Section 5. Effective Date.
This ordinance shall take effect thirty (30) days after the date of its adoption.
Section 6. Publication and Posting.
The City Clerk is hereby directed to cause the following summary of this Ordinance to be published by two (2) insertions in the Yucaipa News Mirror, a newspaper of general circulation that is printed, published, and circulated in the City of Yucaipa and hereby designated for that purpose by said Council of the City of Yucaipa: “Ordinance No. 406 amends Section 12.04.040 of Chapter 12.04 of Title 12 of the Yucaipa Municipal Code to read as follows: No person shall be in any City Park facility except between sunrise and sunset each day other than for use of lighted courts until 10:00 p.m. or unless a Facility Use Permit or Special Event Permit is obtained. Nothing in this section shall be construed to limit the City’s authority to close a City park and limit access during daytime hours as it deems appropriate, including but not limited to when closure is necessary for maintenance.
PASSED, APPROVED and ADOPTED on this 9th day of May 2022.
David Avila, Mayor
ATTEST:
_______________________________________
Jennifer Crawford, City Clerk
APPROVED AS TO FORM:
_______________________________________
David Snow, City Attorney
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